Representative Matters

David negotiated the settlement of a first-in-the-nation enforcement action brought by the U.S. Environmental Protection Agency concerning alleged liability of a Maine landowner under the Toxic Substances Control Act's Renovation, Repair and Painting Rule (RRP Rule). EPA's complaint sought up to $225,000, but the alleged liability (relating to scraping and sanding of the exterior of a pre-1978 rental housing unit) was fully resolved via consent order requiring a $10,000 penalty payable in installments over a two year period. This case presented novel evidentiary proof issues. The alleged violations were captured on video by an unknown individual and posted to YouTube. The website address for the YouTube posting was then forwarded to the EPA. While the posting was subsequently removed from YouTube, EPA had interviewed the individual who posted the video but refused to disclose the identity of that person to the Respondent. In addition, the Respondent had tested the paint on the housing unit prior to doing the work, but the test result was a false negative.

Untangling hydropower assets - Our lawyers carefully crafted a strategy to allow our client to sell a large and valuable hydropower asset that was physically integrated with its existing pulp and paper mill asset. The transaction included a very complicated purchase and sale agreement involving intricate environmental risk allocation and risk management provisions between the buyer and seller to legally separate the hydro power asset from the mill asset, all of which had to be layered on top of existing environmental covenants that governed the property due to a prior transaction including the facility.

Groundwater contamination case resolved - Defense of a state enforcement action seeking $250 million remedy to address mercury contaminated soils, sediments and groundwater at RCRA and Maine Uncontrolled Hazardous Substances site. Two week state administrative hearing lead to modified order requiring $100 million remedy. Case is currently under appeal. (United States Surgical and Mallinckrodt US LLC v. Maine Department of Environmental Protection, Superior Court- Maine).

Calais LNG - Our firm served as counsel to Calais LNG, a project that sought to bring a liquefied natural gas (LNG) regasification terminal and accompanying send-out pipeline to Downeast Maine. The project involved complex consultation processes and permitting, efforts involving numerous federal and state agencies, including FERC, DOI, USCG, Army Corps, Maine DEP, Maine State Planning Office, as well as local governments.